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Articles 1 - 2 of 2
Full-Text Articles in Law
Minor Courts, Major Questions, Michael Coenen
Rules Against Rulification, Michael Coenen
Rules Against Rulification, Michael Coenen
Journal Articles
The Supreme Court often confronts the choice between bright-line rules and open-ended standards — a point well understood by commentators and the Court itself. Far less understood is a related choice that arises once the Court has opted for a standard over a rule: May lower courts develop subsidiary rules to facilitate their own application of the Supreme Court’s standard, or must they always apply that standard in its pure, un-“rulified” form? In several recent cases, spanning a range of legal contexts, the Court has endorsed the latter option, fortifying its first-order standards with second-order “rules against rulification.” Rules against …